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EBSA News Brief

U.S. Department of Labor
Office of Public Affairs
Chicago, Ill.
Release Number: EBSA-11-09-CHI
Default Judgment: 1:11-cv-00881-RLY-TAB

For Immediate Release: June 30, 2011
Contact: Scott Allen or Rhonda Burke
Phone: 312-353-6976/312-353-4807
E-mail: allen.scott@dol.gov/burke.rhonda@dol.gov

US Labor Department files lawsuit alleging fiduciaries failed to
remit contributions to The Trotter Construction Company, Inc. 401(K) Plan
Fiduciaries also failed to remit participant premiums for health, dental and vision insurance

Date of Action:  June 29, 2011

Names of Defendants:  James H. Trotter, Sr.; Sylvia Trotter; Trotter Construction Company, Inc.; Trotter Development Group, NC, LLC, and The Trotter Construction Company, Inc. 401(K) Plan located in Indianapolis, Ind.

Allegations: Trotter Construction Company, Inc. and Trotter Development Group NC LLC are owned by James Trotter. Trotter Construction sponsored the Trotter Construction Company, Inc. 401(k) Plan and welfare benefit plans which provided health, vision and dental benefits. 

From Aug. 22, 2008, through May 15, 2009, Trotter Construction withheld $27,799 in participant contributions and $9,490 in participant loan repayment from participant’s salaries and did not remit these amounts to the Plan.  In addition, Trotter Construction withheld $18,517 in employee health premiums, $497 in employee vision premiums and $2,560 in employee dental premiums from participant’s salaries after the welfare benefit policies had been canceled by the service providers due to lack of payment. 

Resolution:  The department is asking the court to order the defendants to make the plans whole for any losses and permanently enjoin the defendants from serving as a fiduciary or service provider to an ERISA covered plan. 

Court:  United States District Court for the Southern District of Indiana, Indianapolis, Ind.

Docket Number: 1:11-cv-0881

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U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.